Supreme Court of India Judgements

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Category: Bail Declined

Bail Declined

Murder – Cancellation of Bail – High court grants bail in second bail application without discussion or analysis of circumstances – Observations made by the High Court “considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the second bail application” does not constitute the kind of reasoning which is expected of a judicial order

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUMER SINGH — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M. R. Shah, JJ.…

Bail Declined

India cannot have two parallel legal systems, “one for the rich and the resourceful and those who wield political power and influence and the other for the small men without resources and capabilities to obtain justice or fight injustice.” The existence of a dual legal system will only chip away the legitimacy of the law. – Order of High Court shall stand set aside – Bail cancelled

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SOMESH CHAURASIA — Appellant Vs. STATE OF M.P. AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Hrishikesh Roy, JJ. )…

Bail Declined

Court at an earlier instance had taken note of all aspects and had arrived at the conclusion that there is prima facie material against the accused, the mere examination of the wife herein cannot be considered as a change in circumstance for the High Court to consider the fourth bail application of the accused and enlarge him on bail – Opinion that the order passed by High Court impugned herein is not sustainable – Bail cancelled

Jul 18, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH MAMTA NAIR — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hrishikesh Roy, JJ.…

Bail Declined

It is needless to point out that in cases of this nature, it is important that courts do not enlarge an accused on bail with a blinkered vision by just taking into account only the parties before them and the incident in question -the courts to recognise the potential threat to the life and liberty of victims/witnesses, if such accused is released on bail.

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SUDHA SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : S.A. Bobde, C.J.I, A.S. Bopanna and V.…

Bail Declined

(IPC) – Ss 302, 143, 144, 147, 148, 149, 341, 384, 120B, 506(2) and 34 – Arms Act, 1959 – Ss 25(1-b) A, 27 and 29 – (CrPC) – S 439 – Five Murders – Land Dispute – High Court Grants Bail Duty to record reasons is a significant safeguard which ensures that the discretion which is entrusted to the court is exercised in a judicious manner. The recording of reasons in a judicial order ensures that the thought process underlying the order is subject to scrutiny and that it meets objective standards of reason and justice

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMESH BHAVAN RATHOD — Appellant Vs. VISHANBHAI HIRABHAI MAKWANA MAKWANA (KOLI) AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R.…

Bail Declined

BAIL – Even otherwise in a case like this, where the allegations are of tampering with the court order and for whatever reason the State has not filed the bail application the locus is not that much important and it is insignificant. accused to surrender forthwith as a consequence of cancellation of the bail granted by the High Court, if not surrendered.

Mar 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NAVEEN SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M. R.…

Bail Declined

Anticipatory bail – Appeal against – except to observe, that the impugned order, to say the least, is perverse; and also because no prejudice should be caused to accused and affect the trial against him – Judgment and order set aside – Investigating Officer is free to take accused into custody – Appeal allowed.

Feb 7, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH G.R. ANANDA BABU — Appellant Vs. THE STATE OF TAMIL NADU AND ANOTHER — Respondent ( Before : A.M. Khanwilkar, B.R. Gavai and Krishna…

Bail Declined

Dowry death – Cancellation of Anticipatory Bail of in-laws of the deceased- Grant of anticipatory bail in such a serious offence would operate to obstruct the investigation – It is a well settled principle of law that the setting aside of an “unjustified, illegal or perverse order” granting bail is distinct from the cancellation of bail – Investigation transferred to CBI

Dec 17, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH DR. NARESH KUMAR MANGLA — Appellant Vs. SMT. ANITA AGARWAL AND OTHERS ETC. — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Indu Malhotra…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw